‘High level’ of bullying in legal workplace

Cherie Howie Almost 90 per cent of lawyers say they have either experienced or witnessed harassment or bullying in the legal workplace.

This is the finding of a Criminal Bar Association of NZ (CBA) survey.

Of the 300 who responded just under two-thirds were women. The survey started before allegations surfaced involving law firm Russell McVeagh.

Eighty-eight per cent of those surveyed said they had experienced or witnessed harassment or bullying behaviour in the past four years. Forty five per cent reported it was based on gender and 28 per cent said they had seen or experienced unwelcome sexual behaviour.

Sixty-nine per cent had experienced or witnessed mocking, professionally related bullying or harassment, 58 per cent shouting or raised voice, and 44 per cent personal comments or insults.

Threats — overt or covert — were reported by 27 per cent of respondents, and 17 per cent had seen or experienced harassment or bullying based on race.

Respondents were also asked who was doing the harassing or bullying. Two-thirds pointed the finger at judges, 43 per cent at colleagues and just over 30 per cent at opposing counsels or clients. Twenty-three per cent blamed employers or police.

Effects on the alleged victims included stress (77 per cent), loss of confidence (73 per cent) and reduced desire to continue in the profession (61 per cent).

Criminal Bar Association president Len Andersen said the results showed a “high level of bad experiences”. As the survey asked if people had experienced or seen sexual harassment, the high level was not surprising. “It is concerning more than surprising.”

The survey also highlighted difficulties with taking action.

“Those who attempted to do something about it weren’t really successful in doing so. A lot were reluctant to do anything, as it didn’t seem to be a particularly major incident.

“What is happening is not good enough. The CBA needs to consider both alone and in conjunction with the Law Society what steps should be put in place to try and improve this situation.

“It does not indicate a predominance of bad behaviour in the profession, but it does indicate some issues need to be looked at.”